Riverside, CA asked in Consumer Law and Civil Litigation for California

Q: DIVISION 9 -Section 1119Does this state that I cannot include evidence on my behalf to help my side of the trial?

A automobile repair shop is denying any wrong doing or malpractice in the service that they were chosen to do. They are now claiming the engine was defective and say it is not there fault.

The manufacturer sent out a inspector to conduct test and review the installation procedure, and they have concluded that the shop did not install the engine correctly, and that's why the engine is now useless.

1 Lawyer Answer
N. Munro Merrick
N. Munro Merrick
Answered
  • Del Mar, CA
  • Licensed in California

A: I did not look up statutory reference, but I am sure it said nothing to preclude your presenting evidence favorable to our case. The only potential problem is whether the judge might consider that since your expert is not there to be examined by the other side, he would not permit written evidence. If that is the case, arrange for the expert to call in at a prearranged time. A company called CourtCall sets those up. Will cost you $86.00 but sounds as though it would be worth it. You might also be able to get an opinion from the small case adviser in the court as to that the judge or commissioner will allow.

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